Bill Text


Bill PDF |Add To My Favorites | print page

SB-378 State parks: state beaches: expanded polystyrene food container and cooler ban.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 02/09/2023 09:00 PM
SB378:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 378

Introduced by Senator Gonzalez

February 09, 2023

An act to add Section 5008.11 to the Public Resources Code, relating to state parks.


LEGISLATIVE COUNSEL'S DIGEST


SB 378, as introduced, Gonzalez. State parks: state beaches: expanded polystyrene food container and cooler ban.
Existing law makes it an infraction punishable by a fine of up to $25 for a person to smoke on a state beach or in a unit of a state park system.
This bill would make it an infraction punishable by a fine of up to $25 for a person to bring an expanded polystyrene, as defined, food container or cooler on a state beach, as defined, or in a unit of a state park system, as defined, and for improper disposal, as provided. The bill would establish a state-mandated local program by creating a new crime. The bill would provide that a person who violates this provision for the first time shall be subject to a warning by an officer of the state parks.
The bill would require the Department of Parks and Recreation to, among other things, develop and post signs at strategic locations, as determined by the Director of Parks and Recreation, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition. The bill would require an entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department to post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition. The bill would require the expanded polystyrene prohibition to be enforced at a state beach or unit of the state park system only after appropriate signs have been posted pursuant to these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5008.11 is added to the Public Resources Code, to read:

5008.11.
 (a) For purposes of this section, the following definitions apply:
(1)  “Expanded polystyrene” means blown polystyrene and expanded or extruded foams that are thermoplastic petrochemical materials using a styrene monomer and processed by any technique or techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
(2) “State beach” means a sand, cobble, or other natural area that is owned or operated by, or under the jurisdiction of, the department and that adjoins the ocean, a bay, or an estuary.
(3) “Unit of the state park system” means an area specified in Section 5002.
(b) A person shall not bring any expanded polystyrene food container or cooler on a state beach or in a unit of the state park system.
(c) A person shall not dispose of an expanded polystyrene food container or cooler on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.
(d) (1) Except as provided in paragraph (2), a person who violates this section is guilty of an infraction and shall be punished by a fine of up to twenty-five dollars ($25).
(2) A person that violates this section for the first time shall be subject to a warning by an officer of the state parks.
(e) The department shall develop and post signs at strategic locations, as determined by the director, of state beaches and units of the state park system operated by the department to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).
(f) An entity operating, pursuant to an agreement with the department, a state beach or unit of the state park system that is not operated by the department shall post signs approved by the department at strategic locations, as determined by the operating entity and approved by the department, to provide notice of the expanded polystyrene prohibition set forth in subdivision (b).
(g) The department shall develop educational materials, in appropriate languages, about alternatives to expanded polystyrene and the impacts of expanded polystyrene products and waste on state parks and beaches, to be disseminated on the department’s social media, displayed on the department’s internet website, and displayed at central locations at state beaches and units of the state park system.
(h) Subdivision (b) shall be enforced on a state beach and in a unit of the state park system only after signs have been posted at that state beach or unit of the state park system pursuant to subdivision (e) or (f), as applicable.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.